Sale Terms and Conditions (USA)

 

Last Modified: 12th March 2024

1. INTRODUCTION TO AND ACCEPTANCE OF SALE TERMS

These Sale Terms and Conditions (“Sale Terms”) are for United States visitors to the Triumph-operated e-commerce websites and mobile applications (apps), including the sites and apps that link to these Sale Terms, such as https://www.triumphmotorcycles.com/shop (and all sub-pages available through that site) and the My Triumph app. All of these sites, pages, and apps are referred to collectively in these Sale Terms as the “site,” which also includes all associated content, functionality, and services offered on or through the site).

These Sale Terms describe the terms and conditions on which the merchandise offered through the site are sold and supplied to you, and provide important information regarding your purchase and your rights. YOU SHOULD CAREFULLY READ THESE SALE TERMS. By using the site, including by browsing, expressing an interest in, or purchasing any products, you are creating a binding contract between you and us, and you acknowledge that you have read, understood, and agreed to be bound by these Sale Terms. If you do not agree to these Sale Terms, you should not purchase any products through the site.

2. WHO WE ARE AND HOW TO CONTACT US

The site is owned and operated by Triumph Motorcycles (America) Ltd., who we refer to, together with our affiliates, as “Triumph,” “us,” “we,” or “our.” When we refer to “you” and “your” in these Sale Terms, we are referring to you as a visitor to and user of the site. The term “content” refers to any information presented on the site, and includes text, data, graphics, images, photographs, video, audio, and any other presentation of information. The term “products” refer to any products listed for purchase on the site.

You can contact us by email at [email protected].

Please note that our Ecommerce customer service team is located in the United Kingdom. Our operating hours are between 3am – 12pm (EST) and 3am – 8am (EST) during Standard Time, and 4am – 1 pm (EDT) and 4am – 9am (EDT) during Daylight Savings Time. These hours correspond to 8am – 5pm (GMT) Monday to Thursday and 8am – 1pm (GMT) on Friday. We aim to reply to all questions within 2 business days. We are closed over the weekend and on UK Public Holidays (which are listed in our FAQ’s).

3. ADDITIONAL TERMS

Please note that in addition to these Sale Terms, your use of our site will also be subject to the terms of any other policies and legal notices posted on the site and made accessible to you through your use of the site (“Additional Site Policies”). These Additional Site Policies include or may include:

• Our Website Terms and Conditions which governs your use of the site in general;
• Our Privacy Notice which describes how we collect, use, and disclose personal data you provide to us, as well as your choices regarding your use of such personal data;
• Our California Privacy Notice which provides additional information for California consumers regarding our privacy practices;

• Our Cookies Policy, which provides information on how the site places and uses cookies; and
• Any additional terms we may post from time to time relating to the site or any products or services made available on or through the site, including terms relating to any of the mobile apps we may offer from time to time.

By using the site, you also consent to and agree to comply with all Additional Site Policies. If any of these Additional Site Policies conflict with anything in these Sale Terms, the Additional Site Policies will take precedence. Please review the Additional Site Terms, including the Website Terms and Conditions, as they contain important information and limitations regarding your legal rights.
In addition, please review our FAQs, where we provide additional details regarding product purchasing, ordering, delivery, and returns.

4. PURCHASING PRODUCTS THROUGH THE SITE

To place an order and purchase products on the site, you should follow the instructions and process described on the site.
By clicking on the “MAKE PAYMENT” or similar button at checkout, you are confirming your intent to purchase the items in your order and are committing to purchase those items from the site. Please ensure that you check over your order carefully before submitting it to us. By submitting an order, you are confirming that you have the authority and right to purchase the products using the contact, delivery, and payment information provided to us. If you have an account on the site, you are responsible for all orders placed using that account. Orders placed by submitting an email address are the responsibility of the owner of that email address. We are not responsible for fraudulent orders.

Once an order is placed, it is subject to our acceptance, and we may refuse orders for any reason without any liability to you (other than a refund of any charge made with respect to the order). If we cannot accept your order for any reason, such as product unavailability, any error in the product and/or price description, delivery issues, or improper or incomplete payment information, we will inform you of this. You will not be charged for any order that we cannot accept.
We will confirm our acceptance of your order by generating a confirmation page on the site and/or sending a confirmation email to the email address you provide. Once an order has been accepted by us, it cannot be canceled except as provided in these Sale Terms.
Accepted orders will be provided with an order number, which will be used to track and address issues with your order. Please retain your order number.

5. PRODUCT DESCRIPTIONS AND AVAILABILITY

The images and descriptions of products on the site are for illustrative and informational purposes only. We make reasonable efforts to accurately describe our products offered on the site. However, we do not warrant that such descriptions, or any specifications, pricing, or other content on the site is complete, accurate, reliable, up-to-date, or error-free. All descriptions of products and product pricing are subject to change, at any time and without notice. We reserve the right to discontinue any product at any time.

Without limiting the foregoing or any Additional Site Terms:

• images of products shown on the site may not match the specifications available in your area;
• colors shown on the site are provided as a guide, and may not match the color of the physical product;
• product packaging may vary from that shown on the site;
• some products displayed on our site are also sold by our authorized Triumph dealers, and in this case the prices displayed on the site may not match the prices offered by our dealers;
• prices displayed on the site may change at any time without notice; and
• we may need to make minor changes to products to reflect changes in legal or regulatory requirements, and/or to implement technical adjustments or improvements that do not, in our judgment, affect use of the product.

Not all products are available in all areas.

6. PRODUCT PRICING, TAXES, AND SHIPPING COSTS

All prices on the site are shown in US dollars. Our prices exclude all taxes and delivery charges.

We reserve the right to change prices as we may determine in our sole discretion, at any time and without notice. By submitting an order, you confirm your agreement to pay the price as shown on each product as displayed on the site in your cart/checkout information.

For orders shipped to certain states, we may be required to collect state sales tax as a percentage of the total value of the order (which may, depending on state law, include shipping charges). Taxes will be displayed to you at checkout at the time you place your order, depending on the ZIP code you enter with your order.

Shipping costs will be calculated and displayed to you at the time you place your order, and will vary depending on the shipping method and delivery times. We reserve the right to limit shipping options and select carriers.

7. PAYMENT AND BILLING INFORMATION

Payment can be made by any of the methods specific at checkout, and payment will be charged to/debited from your account, as applicable, at the time you place your order. Please see our FAQs [insert link] for more information about the payment methods we accept.

By providing a credit card or other acceptable payment method, you represent and warrant to us that you are authorized to use that payment method, and that you authorize us (or our third party payment processor) to charge that payment method for the total amount of your purchase, including all taxes and delivery charges.

If at any time your payment method cannot be verified, is invalid, or otherwise is not accepted, your order may be suspended or cancelled until you are able to resolve the problem to our satisfaction. We will not be responsible for any delays due to payment validation checks.

If you have a registered account on our site and you want to change or update any saved payment information, you can do so by logging into your account and making the applicable edits.

For your security all credit and debit card payments are processed by Adyen, a specialist payments provider who are Payment Card Industry – Data Security Standard compliant and recommended by major banks. You may be asked for 3D secure authorization (also known as payer authentication, which is a security protocol that helps to prevent fraud in online credit and debit card transactions) if your issuing bank offers it. More information about the Adyen payment platform and its certifications can be found on Adyen’s website.

8. PRODUCT SHIPMENT AND DELIVERY

The products displayed on the site can be ordered and delivered only within the mainland US. We are unable to deliver products to Alaska, Hawaii, or any US territories, including American Samoa, Guam, the Northern Mariana Islands, Puerto Rick, and the US Virgin Islands.
If you are a US customer purchasing a gift for a person in another country, we currently offer delivery to the UK, France, and Germany. In order to ship to these countries, you will need to place your order on the respective site.

• Order to the UK
• Order to France
• Order to Germany

Shipment dates provided to you at the time orders are placed are approximate, and may depend on weather or other events beyond our control. We attempt to provide tracking information with your shipment notifications(s), but we are not responsible for the accuracy of that tracking information.

We currently partner with UPS as our delivery partner. For more information about UPS and tracking your package and setting up delivery options, go to the UPS website here.

Products are generally delivered during normal carrier delivery hours (which may vary depending on your location). If you are not at home when your delivery arrives, depending on any preferences or instructions you may have established with the carrier, the carrier may leave the package for you at your door. Any individual at your delivery address who accepts a delivery from us is presumed to be authorized to receive the delivery. If a carrier is not able to deliver an order for any reason, the carrier may (depending on the carrier’s terms and conditions) hold the package at their facility and/or require you to make alternate arrangements for pick-up or delivery. The carrier’s policies and practices are outside of our control, and we will not be liable to you, the carrier, or any third party for any storage or additional delivery costs, or any treatment of the package while in the carrier’s control or after delivery to you. If a carrier returns a package to us due to delivery failures, we will contact you either to arrange re-delivery, or to cancel your order and refund the purchase price (less costs associated with the package delivery and return).

When products are delivered to you, you are responsible for inspecting your shipment for damage or other issues. If you encounter any problems with a delivery or shipment, please contact us at [email protected]. If you have received an incorrect product or quantity, or if a product is delivered to you in damaged condition (and such damage was not determined to be the fault of the carrier following our investigation), you may return the incorrect and/or damaged product(s) for either replacement or refund.

We are not responsible for any damage to any delivery caused by the carrier or any other third party. In addition, we are not responsible for any shipment error (such as an error in the specific product or quantity ordered) unless you notify us of the error and/or return the products to us within 30 of delivery, in accordance with the Returns and Refunds policy described below in these Sale Terms.

9. ORDER CHANGES AND CANCELLATIONS

Following our acceptance of any order, that order is irrevocable and we will not have any obligation to change or cancel that order. For this reason, we again remind you to check over the details of your order (including the precise products ordered, quantities, and prices).

However, if you wish to make a change to an order after submitting it, you can contact us at [email protected]. We will review your order, and let you know if any changes are possible, subject to our sole discretion.
If an order has been shipped to you, you may be able to return it subject to the Returns and Refunds policy described below in these Sale Terms.

10. RETURNS AND REFUNDS

Our goal is for you to be fully satisfied with your purchase. If you are not happy with your order, all unopened, unused, and unworn products can be returned to us for refund within 30 days of delivery. We cannot, however, accept any used or opened goods for return or exchange, for health and hygiene reasons.

To return a product, please follow the steps outlined in the “Returns & Refunds” section of our FAQs [insert link], which also include information about our refund practices.

Failure to follow any return instructions and/or to provide all required information may result in a delay or inability to accept an item for return or exchange.

11. NO RESALE

The products available for purchase on the site are for personal use only. You may not sell or resell any products you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or otherwise reduce the quantity of any order that we believe, in our sole discretion, may result in a violation of our no resale policy.

12. PRODUCT WARRANTIES AND DISCLAIMERS

The only warranties made with respect to the products on our site are those included with the product packaging materials.

EXCEPT FOR ANY SUCH WARRANTY INCLUDED WITH PRODUCTS, THE PRODUCTS SOLD THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Additional disclaimers and limitations on our liability are included in our Website Terms and Conditions.

13. CHANGES TO THE SITE AND SALE TERMS

We may make changes to the site at any time and for any reason, including to reflect (a) changes to the products available for sale on or through the site (including to discontinue models, parts, accessories, clothing, and other items, or to change specification and/or pricing), (b) applicable technologies, (c) our users’ needs, and (d) our business priorities. We have no obligation to provide you notice of any such changes.

We may make changes to all or any portion of our Sale Terms at any time. Any modifications will be effective when the changes are posted to the site. It is your responsibility to check the site regularly for updates to the Sale Terms. You will be able to determine when these Sale Terms were last updated by referring to the “Last Modified” legend at the top, and our Additional Site Policies include similar legends. By using the site and/or placing any orders for products after we post any changes to these Sale Terms or any other Additional Site Policies, you agree to accept those changes, whether or not you have taken the time to review them.

We may suspend or withdraw access to, or restrict the availability of, all or a portion of the site, with no liability to you, for any reason, including business and operational reasons, as well as to investigate any misuse of the site or violation of these Sale Terms or any Additional Site Policies.
Our site may be unavailable from time to time due to mechanical, telecommunication, software, hardware, or third-party failures. We cannot predict or control when any downtime may occur, and cannot control the duration of such downtime.